Below is a list of the most common customer questions.
If you can’t find an answer to your question, please don’t hesitate to reach out to us.
What is the purpose of Form 8938?
An individual may be eligible for a refund of the estimated income tax that if you were enrolled for the full twelve-month period that ended on December 31, the date of filing was an estimated date of filing (EOF). You must file this Form 8938 if your estimated tax liability is less than the amount of money you pay in estimated tax each calendar year.
When do you have to file the Form 8938?
The IRS is required to mail Form 8938 beginning December 1, 2011, and ending March 31, 2016.
What if you are out of the country and get to the IRS Office before the deadline?
Send a copy of your EOF showing the date of filing to the IRS Office that has receipt of your Form 9861, Form 8938, or Form 8938-B.
How do I file my return online?
Fill out Form 8938-T (PDF, 12.9 MB) if you are submitting a return electronically to get an IRS refund (no paper filing); or, Form 8938T (TXT) if electronic filing is your preference.
Fill out Form 8938-T (PDF, 12.9 MB) if you are submitting a return electronically to get an IRS refund (no paper filing); or, Form 8938T (TXT) if electronic filing is your preference. File Form 988-EZ.
File Form 948, Request for Exemption from Self-Employment Tax.
How do I prepare my tax return if I am an individual?
File and send Forms 4868 and 4868-EZ.
File Form 4868-T (PDF, 683 KB).
File Forms 4868-EZ, Application for Taxpayer Identification Number (also known as a Social Security Number).
How do I prepare my tax return if I'm a non-individual or a partnership or S corporation?
Send Form 7484 or Form 7483 (PDF, 516 KB).
File Form 4789-EZ.
File Form 940, U.S. Individual Income Tax Return — General.
Where do I find Form 8938?
View a list of IRS offices where you can file electronically as an individual. (PDF, 739 KB)
View the website where you can download and print Form 8938.
Who should complete Form 8938?
Federal law requires certain individuals and groups to file Form 8938, which the IRS calls an Individual Taxpayer Identification Number (ITIN). The IRS gives the exact details below to help you understand who should complete Form 8938.
For individuals: Federal law requires certain individuals and groups to file Forms 8938, which are called “Individual Taxpayer Identification Numbers (ITIN's).” Individuals who file a Form 8938 must provide information that shows that they are the owner or assignee of an ITIN and provide one month's of information on their total income from all sources before getting a tax deduction for any amounts claimed. Individual ITIN's do not have to be listed on the Form 1040 or 1040A, so you are able to report their income while they have an ITIN.
For corporations: Corporations have a separate ITIN process that they used to report their income on Form 1120-EZ by using an ITS number. Therefore, Form 8938 does not apply to corporations. There are no exceptions to the one-month requirement, as there are with individuals.
If your business qualifies for Schedule C (corporations) and you are a sole proprietor who files a Schedule C Sole Proprietorship election statement, you should complete a Form 8938. You can contact the IRS to learn more about the filing requirements. For more information about these forms, visit the IRS website.
When do I need to complete Form 8938?
When you file your Form 1040, Form 1040A, or Form 1041. All filers on Form 8938 must file by April 15 of the tax year or the following spring, whichever is later, even if you filed earlier. For other forms, filing by April 15 is recommended if you want to avoid penalties and interest charges.
When do these forms become due?
You must file at least one of these forms by April 15—usually, Form 8938, line 13 (or “1040NR,” for the return filed by an individual; Form 1040NRF, for the return filed by a married couple filing a joint return.) The forms are due by 5 p.m. ET that same business day after you receive a completed Form 8938. Filing deadlines are calculated using the business day (i.e., Saturday, Sunday, or legal holiday) that includes 5 p.m. ET.
In addition, filing by April 15 is recommended if you want to avoid penalties and interest charges.
What if a year-end filer's Form 8938 is overdue and the tax is still due on the same day?
The IRS will determine when you file based on the business day that includes 5 p.m. ET. For example, if April 15 falls on Saturday, Sunday, or a legal holiday, the filing deadline is 5 p.m. ET on the next business day after the filing deadline if you are filing for a 2015 tax year, or 5 a.m. ET on the next business day which is after the filing deadline if you are filing for 2016 tax year.
You may be able to extend a tax filing deadline if you had no reasonable time to pay. To do this, check with a tax professional or tax software provider before filing Form 8938. See Tax Software Help.
What about if the deadline was extended after I filed the Form 8938?
If you had a reasonable time to pay, you may be able to file a modified return that will satisfy the tax liability. See Modified Returns.
Do I need to use Form 8938 as a paper filing requirement if I didn't file through File or my online account?
It depends on your circumstances. If you received a Form 8938, complete Form 8938 as a paper filing requirement, as long as you completed your online account as long as you filed by April 15.
Can I create my own Form 8938?
This is one of many applications provided through the OASIS online services. You will use the appropriate form(s) from its corresponding application and then submit it to the OASIS processing facility which will then process your application (see Application Processing).
— Form 8938 for your own personal records. This is one of many applications provided through the online services. You will use the appropriate form(s) from its corresponding application and then submit it to the OASIS processing facility which will then process your application (see Application Processing). How do I complete OASIS forms? — The online forms contain simple instructions on how to complete them. You may find the Form8938 sample form in the Help menu. Some forms have additional instructions that follow the instructions on the forms they contain. You can either copy/paste the instructions or see them in the help menu. Note there is no way to edit the order of the instructions in the online form or to change their number or name.
How do I correct an entry on my form? — If an entry on an application is incorrect, you will get a notification in your online Account Accounting System Account and if you need more information or need to request a copy of a form, please contact OASIS's Customer Support Department at customer.support oasis.gov.
How do I submit a request for a revised form to OASIS? — If the application was not received in the correct format according to the application and application instructions, please submit the Form 8855 and the relevant application instructions. We will process your revised form as quickly as possible.
What if the information provided on an application form is incomplete, but I still need to obtain information? — If the information provided on an application form is incomplete, you can either complete a new form (see Application Processing) and submit your original application along with any documentation that may be necessary to complete your application, or you can submit the Request for Supplemental Information (Form 8966). For more information and contact information for the Request for Supplemental Information, see Application Processing.
What if I have questions or need help? — Contact OASIS Customer Support Department at customer.support oasis.
What should I do with Form 8938 when it’s complete?
When you receive Form 8938, you need to send two copies of it to us. You have 20 days after the end of the year in which you file or file your return to file it electronically. If you received Form 8938 electronically, you should file it electronically as soon as you can. We ask you to file your return electronically when you receive it. The time period begins to run the day after you file Form 8938. You should file electronically by the due date (including extensions) for filing your return. If you will be filing a paper Form 8938 along with your return, you should not file it electronically and should send the paper Form 8938 instead of filing it electronically. After we receive Form 8938, we'll send you a letter notifying you of the results of your return. You need to file that notice as soon as you can. To see more information about our rules for filing Form 8938, see Pub. 550, Tax Withholding and Estimated Tax.
What are my deadline for making tax payments?
For tax payments due on or before the last day of the calendar quarter, you must pay by the first of the following tax periods: April 15 April 17 May 15 June 15 July 15 August 15 September 15 October 15 November 15 December 15 The last day of a tax month is the last day of the month. For example, if you made a payment of 1,000 due on June 15, your payment due date is October 15. You should pay the balance in full by that date.
I need more time to pay my tax. What do I need to do?
If you are due a credit that is more than half the amount you owe, you may request an extension once each tax season. You may request an extension of time to pay the amount you owe, up to an annual maximum of six additional calendar months. You can request an annual maximum extension if you: Were a nonresident alien businessperson for all or part of the year; and Your tax for the entire tax year is due in installments (Form 8283 or Form 8802).
Am I able to request an annual maximum?
Yes. You may request an annual maximum extension based on both residency status (for nonresidents) or on the number of calendar months or tax periods covered by your tax.
How do I get my Form 8938?
You can request that Form 8938 be mailed or filed online or in order to file Form 8938, complete the available instructions and then print your Form 8938 on either U.S. Letterhead or Fed-Ex Letterhead (or both, depending on the country). Alternatively, you may provide your completed Form 8938 to the CRA by fax as shown on the instructions.
How will my Form 8938 be used?
Your Form 8938 will be processed as your income tax return for the year for which it is filed and will be returned to you together with a detailed statement, in writing. Some reasons your return may be delayed include those described below.
What happens if the CRA refuses to process my tax return?
If your return is returned for any reason, you will be notified in a letter, and you may choose to pay the CRA by check or money order at the CRA's online pay center.
Can I appeal a rejection of my Form 8938?
You may file an administrative appeal in writing to the CRA within three days of being notified that an electronic filing was rejected. (The same procedures that we use when we reject your return apply in this situation.) The appeal must be made within three years of the effective date of the CRA's decision.
Can I have another person file my return?
Yes. The CRA grants a limited amount of appeal-ability to one or more other persons who appear to be related to you. It is the CRA's policy to consider the validity of this relationship on a case-by-case basis.
Who may claim the Canada Child Benefit?
The Canada Child Benefit includes a number of different benefits that supplement the Canada Child Tax Benefit and Canada Disability Tax Credit. If you are a qualifying child, your benefits may also provide you with up to 200 a month in additional support for dependent expenses. For more information about the Canada Child Benefit, see CTC Bulletin 2001-37.
Will I be able to receive the Canada Health Transfer, the Canada Child Tax Benefit and the Canada Child Health Benefit if I claim a child living out of the country?
This depends on your relationship with the child, and the type of living arrangements that you choose. The CRA will help you find out if it may be useful when calculating or claiming amounts, based on your relationship to the child.
You should be able to claim the tax benefits with minimal adjustments.
What documents do I need to attach to my Form 8938?
You can attach only one document each month. We will ask for you to attach your current federal, state, or local tax returns. You can attach a Schedule A if you have an individual tax return, an H&R Block return, U.S. Social Security, or federal or state unemployment (or workers' compensation) claim.
What is IRS Form 4868?
You can use IRS Form 4868 in lieu of Form 8938 when reporting non-U.S. interest, dividends, and capital gain income. As part of its examination of your non-U.S. bank account, we examine your statement for foreign financial accounts (FAS) and your statements for bank deposits.
We can also ask for you to answer questions on your tax return, and your response can be used as evidence that you should report all U.S. non-U.S. interest, dividends, and capital gain income on your federal, state, and/or foreign tax returns.
If you have no foreign accounts or deposits of U.S. interest, dividends, or capital gain income to report, you can ask for a letter from the IRS that the Form 4868 information is not required and your Form 8938 information is not required.
If you do not have U.S. accounts to report on Form 8938, you can provide all or any portion of your Form 8938 information to us on your U.S. tax return by using the “Information Return for Tax Purposes,” also known as the Form 8802, or Form 1040NR:
On Form 8802
Your tax filing year begins on January 1. For each of the following tax years, you have 10 years to file your return.
What are the different types of Form 8938?
Form 8938 is one of the three basic forms that an employer must fill out to comply with the Employee Stock Purchase Plan (ESPN). It consists of two parts — a questionnaire to the purchaser (the employee) and a separate application form to the employer (Form 8938). Because Form 8938 has two parts, an employer must apply for the employee form with each employee he/she hires, even if the employer does not hire the employee directly.
What is a “questionnaire” for employees under ESPN?
An employee questionnaire for ESPN purposes must provide the following information:
The name of the employee.
The employment date of the employee.
The type of employment.
The employer's name and address.
The date of the employee's hire.
How many employees are eligible to participate in ESPN?
To qualify for the ESPN, a federal maximum amount (the “maximal employee amount”) may be used per employee. The ESPN may only be used for the benefit of the employee.
For employees who:
Have fewer than six weeks of coverage under an employer-provided insurance plan; and
Would otherwise meet the requirements for the employee premium deduction for health insurance in section 514(a) of the Employee Retirement Income Security Act of 1974,
have health coverage through their job, the maximum employee contribution rate per month for that year is 30% of the employee's monthly average premium for his/her employment, less any premiums deducted if the employee is covered under an employer-provided health plan through their job.
For purposes of the federal maximum employee contribution rate, the “employee” shall be defined as an employee covered under an employer-provided health plan for more than 6 weeks.
To make a maximum contribution amount, the employer must determine the maximum employee amount that will be used for the employee, plus subtract the premium deduction limit in section 514(a) of the Employee Retirement Income Security Act of 1974 for the year or years of coverage (if applicable).
Employees for whom coverage is not available or the value of that coverage is small will be eligible for a premium deduction for health insurance that is smaller than the maximum employee contribution rate for the year (section 514(a)) but no less than the maximum employee contribution rate (section 514(b)).
How many people fill out Form 8938 each year?
The IRS estimates that as of August 2012, almost 10.5 million taxpayers filed their 2011, or most recent, Federal tax return. (Remember that this figure includes a record 10.2 million taxpayers who filed their tax return electronically over the online process during the last quarter of 2012.) That means an estimated 1,096,000 Form 8938s were prepared during that time. Of those 1,096,000 tax returns, 907,000 of them were prepared before the effective date of April 17, 2013, or the date this site went live. As of March 31, 2013, it is more than halfway through that year, and the IRS will no doubt increase the amount of these 907,000 prepared tax returns every day. How did our users fill out their 2011 IRS Form 8938? Here are the results as of March 31st, 2013:
Form 8938 Average Number of Forms Completed (in thousands) Form 8538 561,943 Fax 16,693 Email 1,977,966 Other Total 907,077
So the IRS filled out more than 1,096,000 taxpayers's 2011 Form 8938s (as well as some Form 8937s). That means a bit more than 8% (or about 15,600) of the 915, returns filed were filled out by the IRS in 2011.
How did our users fill out their 2012 IRS Form 8938? Here are the results as of July 31st, 2013:
Form 8938 Average Number of Forms Completed (in thousands) Form 8938 561,943 Fax 16,693 Email 1,977,974 Other Total 915,300 Forms not completed 513,200
The IRS is now filling out less than 4% of the 938,000 returns from the original 2010 period. The other forms that are not yet filled out are 513,200 (which include all the delinquent returns), and 513,200 (of which about 1,600 relate to the 2010 tax year).
In the original post I did of this data from 2010 to 2012, I did not state that the IRS would be filling out more than 8% of the 915, returns filed. But, based on just the numbers above, I believe that is the case.
Is there a due date for Form 8938?
A. No. The Form 8938 is filed on the due date which is 25 years from the date of the last return or assessment on that account. If the tax on interest and dividends is due at the end of the calendar year, the balance to be paid after the year is due at the end of the calendar year. No penalty for filing late. The IRS may assess a penalty against the taxpayer if the due date for a return or statement is less than the 25-year period. The penalty depends on the amount of the deficiency and whether it is early offset. See Pub. 526 for more information.
C. What is an adjustment to a tax return? A. An adjustment to a tax return is the difference between tax and the final tax that you should have paid. An adjustment to a tax return is a filing requirement under IRC 6672(D) (the “Adjustment of Tax Withheld or Refunded), so, for example, that the total tax would be 40 if the return had been filed on time, is also an adjustment of tax, and therefore an adjustment to a tax return. That 40 must be paid to correct the error. This is the type of filing required under IRC 6673(R) (the “Reporting in Error Withholding Statement”). An adjustment to a tax return is due on the tax return showing the net amount that you should have paid on the last return or at the end of the calendar year in which the mistake or error occurred. The amount due must be reported on your return or statement. The net amount is the tax that you should have paid if you had filed the return on time with no error. The amount due will be equal to the difference between the 40 tax and the tax that is reported on your tax return or statement. However, if there was an error or omission, and the error or omission was your own, and you corrected the error on your first return, you should not include it in the amount of your net amount; see IRM 21.2.4.1.4.1 (10-05-2017), Modify a Claim for Refund and/or a Credit Return for a Partial Return, for details.
D. I corrected an underpayment (a “no error” underpayment on the return) that required the addition of an adjustment to a tax return to fix the underpayment.